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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I am a spouse to an EU National but we are going through a

Resolved Question:

I am a spouse to an EU National but we are going through a tough time in our marriage.She have moved out of the house and i haven't been able to get in touch for a couple of months now. We have been married since September 2010. I planned traveling to Nigeria in December. I am worried if i will not be allowed back into the country
Submitted: 12 months ago.
Category: UK Law
Expert:  Thomas replied 12 months ago.
Hi,

Have you obtained a Residence Card confirming your right to stay in the UK for 5 years?

Tom
Customer: replied 12 months ago.

YES I HAVE

Customer: replied 12 months ago.

YES I HAVE. SINCE NOVEMBER 2011

Expert:  Thomas replied 12 months ago.
Hi

Thanks for your patience.

If you are planning to visit Nigeria for a short visit then provided that you have a residence card you should probably be okay provided that they are not already aware that you are separated.

If you are travelling on your own then it’s possible that they might pull you in for questioning to establish why you are travelling on your own. However, they may simply let you through on the basis of the residence card. It’s fifty, fity, really.

However, under questioning you should state that you remain married to your spouse and that she did not want to travel with your Nigeria. If they ask about the state of your relationship then it’s important that you do not deceive them. You can state that you have separated temporarily but that you hope to reconcile.

Additionally by the time that you return you will have been married for a period of three years and probably qualify to make an application to retain your treaty rights even if divorce proceedings were actually issued. Confirmation here:-
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/ecis/chapter5.pdf?view=Binary

Please refer to 5.4.2 on the above link for confirmation of this.

So you would also be able to argue that even if divorce proeedings had been issued (hopefuly they won’t have been by the time) then you would be able to apply to retain your treaty rights and therefore should be admitted entry.

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Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6308
Experience: BA (Hons), PgDip, Practising Solicitor
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